January 2010

Congress changes tax on children’s investment income

Congress has changed the “kiddie tax” – the tax that must be paid on children’s investment income.  If any of your planning involves gifts to children, you might want to reconsider your strategy in light of the changes. In the past, the “kiddie tax” provided that if a child under age 14 had investment income above a certain amount – the income was taxed at the parent’s tax rate, not the child’s tax rate (assuming the

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The Beliveaul Law Group – Waltham MA Attorneys | Salem NH Lawyers | Naples FL Law Firm

The Beliveau Law Group: Massachusetts | Florida | New Hampshire The attorneys at The Beliveau Law Group provide legal services in a variety of concentrations including estate planning (wills and trusts), Medicaid (planning and applications), probate (estate and trust administration), business law (formation and operation), real estate (residential and commercial), taxation (federal and state), and civil litigation (in connection with these practice areas). The law firm has offices and attorneys in Naples, Florida, Waltham, Massachusetts, and

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Moving to another state can create estate planning benefits

People often move to another state after they retire. In the past, this was usually to take advantage of a better climate or to be closer to friends and family. But these days, moving is often a good form of estate planning. One reason is state estate taxes. These used to be tied closely into the federal estate tax system and largely a non-issue. But for several years now state estate taxes have been “uncoupled” from

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How to plan your estate if you have a special needs child

Almost three million children in the U.S. between the ages of 5 and 15 have special needs, according to the latest Census figures.  Parents of these children need to use extra care in planning their estates. For most people, estate planning is about making sure your assets go where you want them to, and minimizing inconvenience and taxes along the way.  But parents of special needs children face an additional challenge because they have to make

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Attorney David Beliveau

Attorney Beliveau has been named a “Massachusetts Rising Star” by the publishers of Boston Magazine and Law and Politics Magazine.  The distinction, awarded to less than five (5%) of all Massachusetts lawyers, was based on ballots cast by Massachusetts attorneys, asking them to identify the best lawyers, under the age of forty (40), whom they had personally observed in action.

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Office rents nosedive; vacancies see historic increase

Office rents nationwide declined 8.5 percent in the third quarter of 2009 compared to the previous year, according to Reis, Inc., a real estate research firm. At the same time, office vacancies rose. At the end of the third quarter, tenants were leasing some 19.6 million square feet less than at the beginning, according to Reis. For the first three quarters of 2009, the net reduction in rented office space was 64.2 million square feet, the

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Check the zoning rules before you buy a property

It can be a great idea to buy a “fixer-upper” – as long as you’re sure the local zoning rules will allow you to actually fix it up. Unfortunately, many people have bought a home or other property with the idea of remodeling it to their tastes, only to discover that what they had in mind is against the law.

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Landlord collects rent despite tenant’s bankruptcy

Two days before a commercial landlord in Nebraska was to receive a $90,000 rent payment for some cropland, the tenant filed for bankruptcy. What happens? Can the landlord still collect? The law is somewhat unclear, but in this case a federal appeals court sided with the landlord and ruled that the tenant had to pay the entire $90,000. The tenant was a business and it filed a Chapter 11 reorganization bankruptcy (as opposed to liquidating under

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Consider putting your rental property into an LLC

If you own rental or other income-producing property, you should consider putting it into a limited liability company. This can be a great way to protect your assets, while at the same time you can reap some tax advantages. Suppose someone slips and falls on your rental property and sues you. If you own the property as an individual, all your assets would be at risk – your home, your investments, your savings accounts, etc. But

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Lease/purchase options can benefit both buyers and sellers

In a challenging real estate market, there’s been a growing interest in lease/purchase options, which can benefit sellers and make it easier for prospective purchasers to buy. A common problem today is that, due to new lending restrictions, many potential buyers can’t qualify for a loan even though they have saved toward a down payment and are generally a good credit risk. The solution for both sides might be a lease/purchase option. Basically, the prospective purchasers

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